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HomeMy WebLinkAboutPC Reso07-40 Amnd Zoning Map & Appv PD Rez Custom Fireplace, Patio & BBQ RESOLUTION NO. 07-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL AMEN[) THE ZONING MAP AND APPROVE A PLANNED DEVELOPMENT REZONE WITH STAGE 2 DEVELOPMENT PLAN FOR CUSTOM FIREPLACE, PATIO AND BBQ LOCATED AT 7099 AMADOR PLAZA ROAD (APN 941-0305-026) PA 07-001 WHEREAS, the Applicant, Architectural Networks, Inc. on behalf of the property owner and business owner, Walt Ligon, has requested approval of an amendment to the Downtown Core Specific Plan to change the Retail/Automotive land use designation to Rdail/Office for 1.94 acres of land; approval of a PO, Planned Development Rezone with a Stage 2 Development Plan in accordance with the Downtown Core Specific Plan; approval of a Conditional Use Perrrit for Retail - Outdoor Storage; and approval of Site Development Review to construct an approximately 10,900 square foot addition to an existing 9,370 square foot building, related site improvements including new parking and circulation, new landscaping and fencing and a new trash enclosure, and a new wall sign located at 7099 Amador Plaza Road (the "Project"); and WHEREAS, the Project site is located within the Downtown Core Specific Plan area ("Specific Plan area"); and WHEREAS, the Applicant is requesting an amendment to the Downtown Core Specific Plan ("Specific Plan Amendment") to change the Retail/Automotive land IIse designation for 1.94 acres of land at 7099 Amador Plaza Road to Retail/Office to allow for the expansion of an existing building and the establishment of a retail commercial tenant, Custom Fireplace, Patio and BBQ; and WHEREAS, should the City Council approve the request iar a Specific Plan Amendment, the Applicant is also seeking approval of a Planned Development Rezom with a Stage 2 Development Plan in accordance with the provisions of the Downtown Core Specific Plan; and WHEREAS, the Specific Plan area is zoned PD, Planned Development (Ord. 03-02) and requires that a Planned Development Rezone with Stage 2 Development Plan and Site Development Review be approved prior to the development of property within the Plan area; and WHEREAS, the Applicant has submitted a complete applicajon which is available and on file in the Planning Division for a Downtown Core Specific Plan Amendment; PO, Planned Development Rezone and Stage 2 Development Plan; Conditional Use Permit; and Site Development Review for the above described project; and WHEREAS, the Stage 2 Development Plan establishes the following: 1) compatibility with the Stage 1 Development Plan, the Downtown Core Specific Plan; 2) a statement of proposed uses; 3) a Stage 2 Site Plan; 4) Site area and proposed densities; 5) development re:~lations; 6) architectural standards; and 7) a preliminary landscape plan; and WHEREAS, the California Environmental Quality Act (CEQA), together with State CEQA Guidelines, requires that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, on December 19, 2000, the Dublin City Council certified a Negative Declaration for the Downtown Core Specific Plan (Resolution 226-00); and WHEREAS, the Downtown Core Specific Plan states that mljor amendments to the Specific Plan are subject to additional environmental review pursuant to CEQA; and WHEREAS, the Project has been reviewed in accordance with CEQA and a determination has been made that the proposed Specific Plan Amendment is not a major amendment; therefore, Staff is recommending that the Project be found Categorically Exempt fron CEQA pursuant to Section 15332, In-Fill Development Projects; and WHEREAS, the City of Dublin Planning Commission ("Panning Commission") held a public hearing on said application on August 14,2007; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used independent judgment to evaluate the project; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend City Council approval of a Planned Development Rezone with Stage 2 Development Plan for Custom Fireplace, Patio and BBQ. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby find that: A. The proposed Planned Deve/opment Rezone and Stage 2 Dewlopment Plan meets the purpose and intent of Chapter 8.32 of the Zoning Ordinance in that: I) they establish development regulations which are tailored to the site, provide for maximum flexibility and diversification in the development of the property and are consistent with the Dublin General Plan and Downtown Core Specific Plan; 2) the integrity and character of the commercial area is preserved and design features have been incorporated to achieve a development that is compatible with the area; and 3) the development allows for creative and imaginative design that promotes amenities which are oriented towards the pedestrian beyond what is expected in cc.nventional developments. B. Development under the Planned Development Rezone and Stage 2 Development Plan will be harmonious and compatible with existing and future develop,nent in the surrounding area in that: I) the proposed uses and development standards are consistent with the adopted Stage I Development Plan; 2) compliance with the Stage 1 Development Plan ensures that the Project will be harmonious and compatible with other existing and futme development in the area; and 3) through compliance with the adopted Stage 1 Development Plan, the Stage 2 Development Plan for the proposed Project contributes to a pedestrian oriented environment. C. The Project site is physically suitable for the type and intensity of the zoning district proposed in that: I) the property is located within an urbanized area; 2) the property is currently developed and served by all necessary public utilities; and 3) the property i:; surrounded by and compatible with other commercial uses. 20f3 D. The proposed Planned Development Rezone and Stage 2 Development Plan will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety or welfare in that: 1) the Stage 2 Development Plan has been designed in accordance with the City of Dublin General Plan, Downtown Core Specific Plan and all applicable development regulations; and 2) the development regulatiors ensure that future development is compatible with surrounding uses and contributes to a pedestrian friendly environment. E. The proposed Planned Development Rezone and Stage 2 Devdopment Plan are consistent with all elements and policies of the Dublin General Plan and the Downtown Core Specific Plan, as amended. The Stage 2 Development Plan conforms to the el,~ments and policies of those plans in that: I) the uses permitted within the zoning district are compltible with the General Plan land use designation of Retail/Office; and 2) the development regulations ensure that development of the property includes pedestrian friendly amenities such as wider sidewalks, enhanced pedestrian walkways, a water feature and outdoor display of merchandist:. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend City Council approval of a Planned Development Rezone with a StLge 2 Development Plan (attached in draft form and labeled Exhibit A) for Custom Fireplace, Patio and BBQ located at 7099 Amador Plaza Road. PASSED, APPROVED AND ADOPTED this 14th day of August 2007 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commssioners Biddle, and King NOES: ABSENT: Commissioner Tomlinson ABSTAIN: N d-;j?~ Planning Commission Chair ATTEST: \1la G:IPA#\2007107-00l Custom Fireplace, Patio, BBQIPCIPC Reso Stage 2 PD.doc 30f3